14/Nov/2005 - Current (at 31 Dec 2005)
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    5. Compensation for personal injuries suffered while assisting police

    (1) A person, other than a police officer, who suffers an injury arising out of or in the course of assisting or attempting to assist a police officer in arresting another person or in preserving the peace or in otherwise acting or apparently acting in the execution of his duty, as a police officer

    (a) after being requested to do so by the police officer; or

    (b) in circumstances from which the person reasonably inferred that he had been so requested, or in circumstances from which he could have reasonably inferred that he would have been so requested, if the police officer had been aware of those circumstances and had been able to request him to so assist,

    and the dependants of the person so injured are entitled to be paid compensation as provided in this section.

    (2) The compensation referred to in subsection (1) shall be paid

    (a) by the Minister for Police as representing the Crown but without imposing any personal liability upon the occupant of the office of Minister for Police; and

    (b) in accordance with and subject to the provisions of the Workers' Compensation and Injury Management Act 1981, and the rules and regulations made thereunder, as if within the meaning of that Act at the date the person so suffered the injury

    (i) he were a worker employed by the Crown and his average weekly earnings were not less than the basic wage; and

    (ii) he suffered the injury in the course of employment with the Crown.

    (3) (a) Subject to paragraph (b), when a person who assists or attempts to assist a police officer as provided in subsection (1), suffers damage to or destruction of any property that belongs to him or that is in his possession or under his control, if the damage or destruction arises out of or in the course of his so assisting or attempting to so assist the police officer, the Minister for Police may in his discretion, and whether or not the person suffers injury as so provided, pay to the owner of the property such compensation for the damage or destruction as the Minister thinks reasonable.

    (b) The amount of compensation that may be paid under paragraph (a) shall not exceed

    (i) in the case of a claim by a person such amount as may be prescribed; and

    (ii) in the case of a claim by a number of persons arising out of the same incident, such amount in the aggregate as may be prescribed.

    (c) A person is not entitled to recover both damages in respect of damage or destruction to any property referred to in paragraph (a), and compensation under this section in respect thereof, and if a person so recovers both damages and compensation the amount of the compensation may be recovered from the person by the Minister for Police by proceedings in a court of competent jurisdiction as a debt due by that person to the Crown.

    (d) Where pursuant to this Act any amount is paid to any person, under the age of 21 years, his receipt therefor shall be a sufficient discharge.

    [Section 5 amended by No. 42 of 2004 s. 167(2)-(4) and 175.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.